In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad...more
6/13/2025
/ Appeals ,
Appellate Courts ,
Bad Faith ,
Denial of Insurance Coverage ,
Expert Reports ,
Insurance Claims ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Property Damage ,
Property Insurance ,
Summary Judgment
In Comprehensive Medical Center, Inc. v. State Farm Mutual Automobile Insurance Company, 2025 WL 416814 (9th Cir. 2025), the Ninth Circuit Court of Appeals affirmed the district court’s determination that the period of...more
In Bob Robison Commercial Flooring Inc. v. RLI Insurance Company (2025 WL 852889 (8th Cir. 2025), the United States Court of Appeals for the Eighth Circuit determined that an ensuing loss provision of a builder’s risk...more
In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the...more
2/4/2025
/ Construction Contracts ,
Construction Litigation ,
Contractors ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Property Damage ,
Property Insurance ,
Real Estate Development ,
Risk Management
In J&S Welding, Inc. v. Liberty Mutual Insurance Company, the U.S. Court of Appeals reviewed a summary judgment ruling in favor of co-defendant West American Insurance Company (“West American”), issued by the U.S. District...more
In Life Skills, Inc. v. Harleysville Insurance Company, 2024 WL 3792261 (D. Mass. 2024), the District Court of Massachusetts found that “collapse” provisions within a commercial property policy were ambiguous where a floor...more
In MAve Hotel Investors LLC d/b/a The MAve Hotel, et al. v. Certain Underwriters at Lloyd’s, London, et al., 2024 WL 2830909, (S.D.N.Y. 2024), to preserve diversity jurisdiction, the United States District Court for the...more
6/13/2024
/ Citizenship ,
Commercial Property Owners ,
Diversity ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Subject Matter Jurisdiction ,
Underwriting
The New York Supreme Court recently weighed in on what constitutes “reasonable care” to maintain heat in the context of a first-party insurance policy exclusion requiring such reasonable care. In Michael Zimmerman v....more
In Mankoff v. Privilege Underwriters Reciprocal Exchange (2024 WL 322297 (Tex. App.—Dallas Jan. 29, 2024)), the Court determined that the term “windstorm” was ambiguous as utilized in the subject insurance policy....more
In a case of first impression, the United States District Court for the District of Columbia (applying Illinois law) rejected a LEG3 exclusion as ambiguous. See S. Capitol Bridgebuilders “SCB” v. Lexington Ins. Co., 2023...more
In a timely reaffirmation of the Fifth Circuit’s 2007 ruling in Leonard v. Nationwide Mut. Ins. Co., a Louisiana federal court recently upheld the application of an insurance policy’s Anti-Concurrent Causation Clause (“ACC”)...more
9/7/2021
/ Anti-Concurrent Causation Clauses ,
Bad Faith ,
Breach of Contract ,
Denial of Insurance Coverage ,
Hurricane Laura ,
Insurance Claims ,
Insurance Litigation ,
Natural Disasters ,
Policy Terms ,
Property Insurance ,
Real Estate Market ,
Severe Weather
The Southern District of New York recently held that a contamination exclusion was ambiguous in the context of Covid-19-related business interruption losses. Accordingly, the court held that the issue was inappropriate to...more
4/16/2021
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Contamination ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms
A trial level court in North Carolina recently found coverage under first-party property insurance policies for the insured restaurants’ COVID-19-related business income losses. In North State Deli, LLC et al. v. Cincinnati...more
In Jowite Limited Partnership v. Federal Insurance Company, the United States District Court for the District of Maryland issued a rare opinion addressing whether “collapse” is a covered “ensuing loss” under an all-risks...more
A recent decision from one of New York’s trial courts of general jurisdiction could have a chilling effect on written communications between an insurer and its retained counsel during a claim investigation. In Otsuka...more
10/29/2019
/ Breach of Contract ,
Confidential Communications ,
Corporate Counsel ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Disclosure Requirements ,
Discovery ,
Discovery Disputes ,
Insurance Claims ,
Insurance Litigation ,
Investigations ,
Jurisdiction
Those familiar with first party insurance policies have undoubtedly encountered a recurring issue with the interpretation of appraisal provisions – what does it mean to disagree on the amount of loss? ...more